CHAPTER IV

OBJECT AND DOCUMENTARY EVIDENCE

A. Object Evidence (Rule 130)INTRODUCTION:*While Rule 128 declared the two (2) general requirements for admissibility of evidence, Rule 130spells out the particular requirements in order that certain kinds of materials are admitted asevidence.

Sources of Knowledge or Evidence:

1. Those derived from the testimony of people whether oral or written;2. Those obtained from circumstances; and3. Those obtained through the use of the senses.

Nature of object evidence:

Object or real evidence, as defined by the Rules of Court, refers to evidence that is addressed tothe senses of the court.

SECTION 1. Object as evidence- Objects as evidence are those addressed to the senses ofthe court. When an object is relevant to the fact in issue, it may be exhibited to, examined orviewed by the court.

*The definition covers any material that may be seen, heard, smelled, felt, or touched which isgermane and related to the event that appeals directly to the senses of the court. To be relevant,the evidence must have a relationship to the fact in issue.

*Those exhibited to the Court or observed by it during trial, for example:

1. The weapon used, the articles recovered or seized as subjects of an offense, the effects of the crimes, and the clothing/apparels. 2. The wound scars in the body, in physical injury cases 3. The inspection of the body of the accused and his personal appearance to determine his body built, physique, height, racial characteristics, and similarities with another, in paternity suits 4. The observations as to the demeanor of witnesses 5. The re-enactment or the demonstration of actions

*For purposes of authentication of an object or for laying the foundation for the exhibit, the objectevidence may be classified into the following: 1. Objects that have readily identifiable marks (unique objects); 2. Objects that are made readily identifiable (objects made unique); and 3. Objects with no identifying marks and cannot be marked (non-unique objects)

*Courts have recognized that there are times when a party cannot bring an object to the court forviewing in the courtroom. In such a situation, the court may take a view of an object. The court maymake an ocular inspection.

*View is expressly authorized by Sec. 1 of Rule 130 but even without this express provision, it iswell-recognized that the court has an inherent power to order a view when there is a need to do so(Sec. 5, Rule 135, Rules of Court).

*A view disrupts the usual trial process and is time-consuming. Hence, in almost all jurisdictions,the trial judge is granted discretion to grant or refuse a request for a view (Hodge vs. UnitedStates, 75 U.S. App. D.C. 132, 126 F 2d 849, 1942).*The inspection may be made inside or outside the courtroom. An inspection or view outside thecourtroom should be made in the presence of the parties or at least with previous notice tothem. It is error for the judge, for example to go alone to the place where the crime was committedand take a view without the previous knowledge of the parties. Such inspection or view is part ofthe trial since evidence is thereby being received (Moran Comments in the Rules of Court, Vol.5, pp. 78-79, 1980).

*Those which consists of the results of inspections of things or places conducted by thecourt (ocular inspection) outside the court, for example: 1. The observations made by the parties are duly recorded; pictures and other representation may be made such as sketches and measurements. 2. The inspection of the crime scene; disputed boundaries, objects which cannot be brought to court.